Court : Allahabad
Decided on : Jul-24-2009
Reported in : AIR2010All13; 2009(4)AWC3735
..... of stamps [copies received with g.o. no. m-2509 (2)/x-455, dated 23.101939]. under section 74 of the indian stamp act, 1899 (ii of 1899), and section 21 of the united provinces court-fees (amendment) act, 1938, the governor of the united provinces has elected to extend the provisions of rules 12 to 37 of the government of india ..... the apex court in the case of new central jute mills (supra) qua discharge of stamp duty or not. the amended rule 3 is quoted hereinbelow:3. description of stamps.- (1) except as otherwise provided by the indian stamp act, 1899 or by these rules-(i) all duties with which any instrument is chargeable shall be paid and such payment shall ..... confronted the officers may be summarized thus: the document had been executed in uttar pradesh. so, it became liable to pay duty under section 3(aa) of the act as amended in uttar pradesh. rule 3 required that the liability had to be discharged by using stamps overprinted with the words 'uttar pradesh' or 'u.p.' the instrument did .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-11-2009
Reported in : 2010(1)AWC301
..... bench judgment of this court dated 21.12.1993 a government order was issued on 8th/november, 2001 (copy whereof is enclosed as annexure-9 to the writ petition) whereunder amendment was made qua item no. 22 of the government order dated 12.7.1991 resulting in the pay scale admissible to the personal assistants attached to the hon'ble judges ..... the court the aforesaid judgment is also clearly distinguishable, and as a matter of fact has no application in the facts of the present case.(c) k.a. nagmani v. indian airlines and ors. : (2009) 5 scc 515 : 2009 (2) awc 1763 (sc), wherein it has been held that participation in the selection process without any demur or protest will disentitle .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-18-2009
Reported in : 2010(1)AWC230
..... case, under sections 147, 148, 149, 323, 427, 452 and 336 of the indian penal code read with 7th criminal law amendment act and section 6 of the u.p.p.a.c. act and 3/4, prevention of damage to the public property act was registered at police station ram janma bhumi, faizabad against the petitioners and other constables. ..... union of india (supra), the conduct of the delinquent police personnel must be seen in the background of the entire episode. in the instant case, the authorities have acted without looking into the entire background, the entire episode. as a result of the departmental enquiry, the petitioners (p.a.c. constables) were held guilty and were ..... , conduct and performance of the petitioners, which always remained satisfactory. the petitioners have not created any disturbance on the spot nor they had indulged, in any such act of indiscipline, which may result in removal or dismissal from service.9. it has been submitted by sri g.k. singh, learned counsel for the petitioners that .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-19-2009
Reported in : 2010(1)AWC241
..... , passed in writ petition no. 2624 of 1969, the point to be considered was regarding benefit of section 14 of indian limitation act. the deputy director of consolidation, varanasi, after considering the amended and unamended provisions came to the conclusion that the petitioner was pursuing the proceedings bona fide and in good faith. therefore, ..... the benefit of section 14 of the indian limitation act has rightly been accorded to the contesting opposite parties.10. it is further ..... of procedure are hand maid of justice and not its mistress.12. as regard the application of section 14 of the indian limitation act, the policy of section 14 of the limitation act is to afford protection to a litigant against the bar of limitation when he institutes a proceedings which by reason of .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-25-2009
Reported in : [2009]318ITR6(All)
..... by the assessing officer after the returns are filed, unless the case is picked up for scrutiny and a regular assessment order is passed under section 143(3). the amending act, 1987, has, therefore, rationalised the provisions of section 147 and other connected sections to simplify the procedure for bringing to tax the income which escapes assessment, especially ..... income had escaped assessment for the relevant assessment year.since under the new scheme of assessment (refer to para 5.1 of these explanatory notes), introduced by the amending act, 1987, returns filed will now be accepted as such and passing of assessment orders will not be necessary, it follows that in the majority of cases there would ..... in : [1959] 35 itr 1 (sc) 1958 (it-2) gjx-133-sc. the apex court examined the provisions of section 34(1) (b) of the indian income-tax act, 1922 (as is stood at the relevant time) (pages 7 and 8):the next question that remains to be considered is in regard to the other conditions prescribed by .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-27-2009
Reported in : 2009(4)AWC4181
..... notwithstanding the waiver of any previous cause or right and over and above the action empowered to be taken under the provisions of the said directions and regulations as amended from time to time, the authority may forfeit the security deposited by the colonisers and may:(i) direct any other agency as it thinks fit to carry out ..... the lines of the doctrine on frustration where a party is discharged of the contract by reason of supervening impossibility of the act agreed to be done which can come under section 56 of the indian contract act. the relief is given by the court on the ground of subsequent impossibility when it finds that the whole purpose or ..... the expiry of the stipulated period under the agreement.5. after almost 10 years, a notice dated 18th of august, 1998 was issued under section 33 of the act directing the petitioner to show cause why development had not taken place pursuant to the sanction granted by the authority and agreement entered between the parties. pursuant to .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-03-2009
Reported in : (2009)226CTR(All)360; [2009]317ITR305(All)
..... it is in addition to that.but, we are unable to subscribe to this view, since order 41, rule 3a, c.p.c. has only been inserted by the amending act, 1976 in order to prescribe the procedure for securing the final determination of the question as to limitation even at the stage of admission of the appeal. the rule does ..... as follows: 38. a special court having regard to its nature and functions may be a court within the meaning of section 3 of the indian evidence act, 1872 or section 3 of the limitation act, 1963 but having regard to its scope and object and in particular the fact that it is a complete code in itself, in our opinion, ..... as follows: 21. thus, there is an overwhelming line of cases holding section 5 of the limitation act applicable to the matters in appeal and reference applications to the high court under the indian income-tax act, the customs act and the bombay sales tax act. our conclusion in this regard is in line with these cases.14. counsel for the respondents, excepting .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-03-2009
Reported in : 2009(4)AWC3945
..... court; mangal sen v. kanchhid mal : air 1981 sc 1726 and maqboolunnisa v. mohd. saleha quaraishi 1999 (1) alr 131, that since the pleadings were not amended, the will and other facts brought on affidavits subsequent to the death of smt. ganga devi could not be read in evidence and findings recorded by the court below ..... existing at the time of institution of the release application has undergone a sea change when it was finally decided by the prescribed authority. the petitioner filed an amendment application after the death of prem narain gupta, father-in-law of the landlady and also mother-in-law smt. ganga devi who died in april, 2004. ..... court while deciding two material questions required in a release application under section 21 (1)(a) and (b) of the act. this finding is also applicable regarding the second argument of sri siddhartha verma that the amendment application filed by the petitioner should have been allowed.8. learned counsel has also raised his objection on the ground that .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-07-2009
Reported in : 2010(1)AWC97
..... registrar thereafter appears to have proceeded to hold elections pursuant to the order dated 12.12.2008 on 30.1.2009 which has been assailed by means of an amendment application to which a counter affidavit has already been filed by the respondent no. 3 11. sri rahul sripat learned counsel for the petitioner contends that the entire ..... level committee it is urged that the membership of the petitioner has been rejected. a perusal of the bye-laws of the society indicates that bye-laws have been amended and the tenure of the committee of management of the society is provided for as five years. 5. the deputy registrar, firms, societies and chits issued a show ..... -quo the rights of the parties, so that, the proceedings do not become infructuous by any unilateral overt acts by one side or the other during its pendency. one of the contentions urged was as to the invalidity of the amendment for non-compliance with the proviso to article 368(2) of the constitution. it has now been unanimously .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-08-2009
Reported in : 2010(1)AWC74
..... or any of them. article 15 of the constitution as originally enacted contained only three sub-clauses. sub-clause (4) was added by the constitution (first amendment) act, 1951 as a result of a decision in the case of state of madras v. champakam dorairajan : (1951) scr 525. the object of first ..... scheduled castes and scheduled tribes in the public educational institutions as well as to make other special provisions as may be necessary for their advance. in short, the amendment would validate the reservation and would protect the interests of the scheduled castes and scheduled tribes. article 15(4) is an exception to article 15(1) in so ..... a statute, a statutory rule or a statutory regulation. though learned counsel for the respondent started by attempting such a justification by invoking section 12 of the indian police act he gave this up and conceded that the regulations contained in chapter xx had no such statutory basis but were merely executive or departmental instructions framed for the .....
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